Concourt dismisses Mkhwebane’s rescission application

The constitutional court on Friday dismissed a rescission application by public protector Busisiwe Mkhwebane that was integral to her attempts to halt her likely impeachment by parliament and has become the subject of a public spat with the apex court.

“The constitutional court has considered the application for direct access rescission. It has concluded that there is no need for directions to be issued in terms of rule 18(4) calling for written submissions and/or answering affidavits,” the ruling read.

“The court has concluded that the rescission application does not establish any rescindable errors in the judegment. There are no exceptional circumstances that warrant the rescission of the judgement.”

Mkhwebane filed the application after a judgement by the court in February that, in the main, upheld the rules for the section 194 inquiry and allowed it to proceed. 

The court’s decision on the rescission application was widely expected. It was also central to her application to the Western Cape high court for an interdict barring parliament from proceeding with its inquiry pending that decision.

In the meanwhile, the waters were muddied — and the high court hearing was postponed to mid-May — by the fact that two days before the hearing parliament’s counsel received an obscure text message predicting the dismissal of the rescission application.

It was phrased somewhat more firmly by the sender, Ismail Abramjee. He informed parliament’s legal counsel, Andrew Breitenbach, that the court had reached a decision and would communicate it some time in the last week of April.

Although Abramjee has since said he was weighing in on the strength of nothing but his own intuition, Mkhwebane has tried to milk the anomaly in her quest to stave off the impeachment proceedings.

She has demanded that the constitutional court initiate an inquiry into the “leak, sought to dictate its terms of reference and petitioned parliament to delay the start of the impeachment inquiry pending the outcome of the inquiry into the “leak”.
But the dismissal of the rescission application means that legally it can proceed.

We make it make sense

If this story helped you navigate your world, subscribe to the M&G today for just R30 for the first three months

Subscribers get access to all our best journalism, subscriber-only newsletters, events and a weekly cryptic crossword.”

Related stories


Already a subscriber? Sign in here


Latest stories

Put the Veuve on ice – the Bold Women Award...

Now in its 50th year, the Veuve Clicquot Bold Women Award is launching in South Africa for the first time.

Massmart will not be profitable as long as it keeps...

Walmart bought Massmart in 2011 and over the past 10 years the share price of the group has decreased by 80%.

Cartoon: Are we back in the 20th century?

Carlos Amato asks if there's one last way we can regress as a species

The problem with Stalingrad is the cost, not the law

The tragedy is that few of us could afford to brief fine lawyers to fight all the way to the highest courts, but we are all paying for what is playing out on stage

press releases

Loading latest Press Releases…